Research On The System Of Punitive Damages In Intellectual Property Fight Infringement

Existing intellectual property system in our country has been in operation for more than 30 years, it promotes Chinese scientific and technological innovation, cultural development and prosperity of the market. Changing intellectual achievements and scientific and technological inventions, making the field of intellectual property breakthrough has been established hundreds of years of intellectual property system delineation of the intellectual property rights scope. And further the development of open including the intellectual property itself has become the object of international trade, has become an important factor affecting the economic development of a country. Intellectual property industry gradually become the core elements of strategic resources and international competitiveness of China’s development. Incentive knowledge property rights of people engaged in the creation of innovative initiative, maintenance of intellectual property rights Legal interests, and improve the protection of intellectual property rights system is the key.Throughout the world intellectual property protection system development, especially in the countries of Anglo American law system, in order to fully protect intellectual property rights, to curb the spread of intellectual property infringement, the countries of Anglo American law system gradually the punitive compensation system is introduced into the field of intellectual property law. The United States, Britain, Canada, the European Union and other countries, pay attention to malicious violation of intellectual property rights cases of punishment, in the legislative, judicial, law enforcement ternary system given rights to maximize the protection. The countries of Anglo American law system for malicious infringement and the circumstances are serious infringement cases, the provisions of the calculation method that exceed the actual loss amount of damages or compensation, and the application of the system of punitive damages to punish the malicious invasion Human rights to curb the infringer and the public speculation infringement behavior, to make up for the loss of the right people, and in a certain extent, the rights of people to encourage legal proceedings. Countries to increase the protection of intellectual property rights, not only to maintain the dignity of law, but also for the development of intellectual property industry provides a well ordered space of healthy and stable, and to improve the international competitiveness of a country.Appears in the continental law system, the punitive compensation is actually a private fine, penalties for violations of civil, it is incompatible with the nature of compensation in private law; if in the field of private law of civil violations punishment allowed, it will confuse the boundaries between public law and private law. But in China, most of the mainland legal system countries and therefore did not refuse to punitive damages, such as for the foreign court made the punitive damages, generally take conditions to recognition and enforcement of attitude, they think of apparent compensatory punitive damages judgment should be recognized and enforced. In our civil law has been the emergence of the system of punitive damages, legal experts in knowledge Property rights law to amend the draft also proposed the idea of legal construction.At present, the speed of Chinese economic development faster, and matched to the legal system, security system are faced with new challenges. The complexity of the infringement of intellectual property rights, diversity concealment and high technology lead to tort also showed different from tangible property and general personal right infringement. Committed to the impairment of the innovation oriented country, China this year to continue to increase the intensity of judicial protection of intellectual property rights is obvious. However, the author thinks that has not yet been effectively curbed the form is still grim.Under the premise of our country at present related legislation in the field of intellectual property does not exist the system of punitive damages, civil sanction is not enough to complete the punishment function of law, which means that even if it is exposed to malicious infringement resulting in serious consequences, human rights can only from the court received little compensation. "To win the case, the scarred" is widespread in the field of intellectual property, in order to adapt to the development of economic level, punishment tort behavior, to safeguard the interests of the right holder, improve people’s passion for innovation, to enhance the national cultural soft power and China in the field of intellectual property law necessary in compensatory system of punishment gradually through the introduction of punitive damages system.